공탁금 출급청구권 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On June 21, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) completed the additional registration of the said right to collateral security on the ground of the transfer of contract to Defendant D on September 19, 2014, on the following grounds: (a) the maximum debt amount was KRW 500 million with respect to F land and building on land (hereinafter “instant real estate”); and (b) the mortgagee was the mortgagee who had completed the registration of the establishment of the said right to collateral security (hereinafter “instant real estate”).
B. On December 27, 2013, the decision to voluntarily commence the auction was rendered to Daejeon District Court H (hereinafter “the above auction case”) with respect to the instant real estate.
C. Plaintiff A received a seizure and collection order as to part of the claim for payment of deposit money owned by Defendant C to the Republic of Korea in relation to the above auction case, as the Daejeon District Court Branch Branch 2016TTT3659, and Plaintiff B was the one who received the seizure and collection order as to the part of the claim for payment of deposit money owned by Defendant C in relation to the above auction case as the Daejeon District Court Branch 2017TTT5936, and Plaintiff C was the one who received the seizure and collection order as to the part of the claim for payment of deposit money
On June 27, 2019, in the case of the Daejeon District Court's Support E-Distribution Procedure for the money deposited by the Republic of Korea as the Daejeon District Court's Branch Branch 2014Hun-2762, the execution court prepared a distribution schedule that distributes the amount of KRW 8,232,214 to Plaintiff A and KRW 3,292,85 to Plaintiff B (hereinafter "instant distribution schedule") on the date of distribution implemented on June 27, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1-3, 4, Gap evidence 2-1, 2, 8
2. As to the legitimacy of the instant lawsuit, the Plaintiffs seek confirmation that the claim for the withdrawal of dividends of KRW 8,232,214 distributed to Plaintiff A to the Daejeon District Court Support E and KRW 3,292,885 distributed to Plaintiff B by the instant lawsuit is against the said Plaintiffs.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the confirmation is significant.